A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 7, 2018, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act by the District Court of Jung-gu on February 7, 2018.

Although the Defendant violated the provision prohibiting drunk driving as above, the Defendant was driving Fone Star Motor Vehicle at around 22:3 on June 21, 2020, while under the influence of alcohol leveling 0.160% from the distance of about 8km from around 8km to the front of the D Apartment E-dong in light of light-wise, from around 22:3, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry into records of crimes committed by foreigners and investigation experience, and application of Acts and subordinate statutes of the same kind;

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In full view of the risks inherent in the sentencing of Article 62-2(1) of the Criminal Act, the degree of blood alcohol, driving distance, previous convictions and circumstances at the time of crackdown (defence without disregarding control), taking into account the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, etc., the sentence shall be determined as per the order.